Privacy Notice

Introduction

This Privacy Notice (the “Notice”) is issued by Sumitomo Mitsui DS Asset Management (UK) Limited (“SMDAM” or “we”) and describes how SMDAM UK may collect, store, use and/or disclose (“process”) personal data (as defined below) related to SMDAM UK’s current and prospective investors, current and prospective clients, third party intermediaries such as distributors and placement agents, website visitors, job applicants, employees, third-party service providers and other parties whose information is provided to SMDAM UK (“you”). This Notice describes how and why we process Personal Data and what rights you can exercise with respect to your Personal Data. This Notice is also to be read in conjunction with our Cookie Policy. 

This Notice applies when SMDAM UK acts as the data controller within the meaning of the Data Protection Legislation as defined in this Notice. SMD-AM Funds (the “Fund”), namely the fund for which SMDAM UK acts as the investment manager, has issued a separate notice. This separate notice sets out how the Fund collects and processes personal Data as a data controller along with Kroll (Luxembourg) Management Company S.à.r.l., the Fund’s management company, both acting as joint data controllers. Please view the Fund’s notice here. 

“Personal Data” has the meaning assigned to it under the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“EU GDPR”), as amended from time to time, and any relevant local data protection legislation, including the UK implementing legislation, which includes the UK General Data Protection Regulation (“UK GDPR”) and UK Data Protection Act 2018 (“UK DPA”), as amended from time to time, collectively being referred to herein as the “Data Protection Legislation”.

About Us

SMDAM UK is a UK manager managing on a delegated basis the Fund, a CSSF authorised fund, established in the form of a public limited company (société anonyme), having its registered office at 80, route d’Esch, L01470 Luxembourg, and registered with the Luxembourg Registre de Commerce et des Sociétés (the "RCS") under number B 181392. SMDAM UK also manages segregated mandates for institutional clients.
SMDAM UK is registered in England and Wales (company registration number: 01660184). SMDAM UK is registered with the UK Information Commissioner’s Office (registration number: Z6469739).

Categories of Personal Data We Collect

The Personal Data SMDAM UK collects and processes includes, but is not limited to, the following:
-    Identification data: name, nationality, date of birth, place of birth, passport or national identity card number, national insurance number, title, marital status, gender, and signature. 
-    Contact data: email address, residential address, corporate contact information, and telephone number.
-    Financial data: account number, beneficiary designation, source of funds, source of wealth details, and investment history.
-    Electronic monitoring data: to the extent permitted by law, we may record and monitor your electronic communications with us, including telephone conversations, email and other electronic communications. 
-    Marketing and communications data: preferences in receiving marketing from us and/or our third parties and communication preferences, and information about your use of our website.
-    Professional information data: position/job title, business address, telephone and email address.
-    Building and assets security data: records of visits to our premises, and CCTV recordings.
-    Services and transactions data: payment and transactional data to and from you.
-    Cookies and related technologies: online identifiers such as cookies and IP addresses, to the extent they are linked to a user’s profile or any other unique identifying information, thus they constitute Personal Data (see our Cookie Policy).
-    Employment data: title, location, compensation history, employment history, qualifications/training, and information provided on your CV, cover letter or application form.

Children and Special Category Data

We do not intend to collect Personal Data in relation to children or minors.

Special categories of Personal Data, such as data concerning health, racial or ethnic origin, or sexual orientation, may be processed subject to the conditions prescribed by the Data Protection Legislation, including to carry out our employment law obligations and for the purposes of equal opportunities monitoring. 

In certain circumstances, SMDAM UK may process data concerning criminal records or convictions subject to appropriate safeguards for your rights and freedoms. For example, we may process such data to assess the suitability for employment or during the course of employment, for example in order to investigate and take appropriate action should wrongdoing is suspected.

Who This Affects

The Personal Data we collect, use and process relate, but is not limited to, the following individuals:
-    Current and prospective clients and investors, and their relevant employees, officers, or agents.
-    Current and prospective third-party intermediaries such as distributors and placement agents, and their relevant employees, officers, or agents. 
-    Visitors to our website. 
-    Job applicants and employees.  
-    Third-party service providers, including vendors, and their relevant employees, officers, or agents. 

We collect Personal Data in a variety of ways, namely either directly from you, public sources, third parties or in the course of your visits to our website. 

Purpose and Lawful Basis of Processing

Personal Data collected by SMDAM UK is collected, used and processed for the purposes set out in this Notice, including, but not limited to, the following purposes:
-    To process, manage and administer your holdings in SMDAM UK’s separate accounts/advisory engagements and in the Fund or to consider services in such respect.
-    To provide the requested services.
-    To communicate with you, including to respond to enquiries, send investor/client reports and information, and to perform client-related and investor-related services.
-    To send marketing material and communications to improve our business and products and services offered.
-    To engage with distributors and third party intermediaries for the purposes of distribution of our products and services.
-    To engage with third-party service providers, including vendors.  
-    To allow prospective clients, investors, and third parties to get in touch with us. 
-    To comply with the applicable legal and regulatory obligations, including for the purposes of complying with our anti-money laundering and terrorist financing, sanctions, and tax reporting obligations, establishing the fitness and propriety of certain individuals, completing the required pre-employment screening, and investigating fraud or any other illegal activity. 
-    To direct or prevent fraud or criminal activity to protect against breaches of our policies and procedures, and to protect our employees and assets.
-    To analyse visitors’ behaviours and improve our website and the services we offer.
-    To assess your qualifications and experience in the context of a job application.
-    To transfer Personal Data as set out in the “Disclosure of Personal Data” section.
The purposes for which we collect, use and process Personal Data as set out above satisfy one of the lawful bases prescribed in the Data Protection Legislation, namely: 
-    Performance of a Contact. We process Personal Data for the performance of a contract to which you are party. The provision of Personal Data for the performance of a contract is a contractual requirement or a requirement necessary to enter into a contract and its provision to us is mandatory.
-    Legal or Regulatory Obligation: We process Personal Data to discharge the applicable legal and regulatory obligations to which we are subject, including, but not limited to, obligations arising from the applicable anti-money laundering, terrorism financing and tax reporting laws and regulations, including under foreign account tax compliance (“FATCA”) and the common reporting standards (“CRS”). The provision of Personal Data for the performance of legal and regulatory obligations is a statutory requirement and its provision to us is mandatory. 
-    Legitimate Interest. We process Personal Data for our legitimate intertest in operating our business and improving our products and services. We do not process Personal Data where such legitimate interest is overridden by your interest, fundamental rights or freedoms. The provision of Personal Data for legitimate interests is a contractual requirement or a requirement to enter into a contract and its provision to us is necessary. 
-    Consent. We process Personal Data where you have provided your consent to the processing in accordance with this Notice.

In case we intend to further process your Personal Data for a purpose other than the original purpose for which the Personal Data was collected and processed, as set out above, we will provide you with information on that other purpose. In case the processing was based on consent, we will seek fresh consent to the processing of your Personal Data.

Failure to provide your Personal Data for the purposes set out above and/or the withdrawal of your consent given as set out above may result in us being unable to accept your investment in the Fund and/or to perform the requested services, or, ultimately, in the termination of the contractual relationship with you. 

Disclosure of Personal Data

We may disclose Personal Data to the following recipients:
-    Our affiliates. This includes (i) our immediate parent company, Sumitomo Mitsui DS Asset Management Company, Limited, headquartered in Tokyo, Japan, to whom the portfolio management is delegated, (ii) other group companies, including Sumitomo Mitsui DS Asset Management (Hong Kong) Limited, which carries out the AML/KYC due diligence services in connection with the SMDAM UK’s onboarding of potential distributors of the Fund and investors in third countries who invest in the shares of the Fund,  (iii) Sumitomo Mitsui Banking Corporation (“SMBC”) Group, which is ultimately owned by Sumitomo Mitsui Financial Group, Inc. (“SMFG”) (which SMFG is also one of SMDAM UK’s ultimate parent); and (iv) SMFG. This includes other SMDAM UK affiliates, for example in case they provide marketing support to SMDAM UK.  
-    Non-affiliated third parties. This includes third-party service providers of SMDAM UK and the Fund and business partners. This includes, but is not limited to, external legal counsel, financial advisors, auditors, IT service providers, third-party email marketers, and third parties in connection with or during negotiations of any corporate transaction, including but not limited, a merger or acquisition, business reorganisation, transfer or disposal.
-    Third party organisations, such as Google Analytics, Google Advertising, Microsoft Clarity, LinkedIn Insight Tag, and Microsoft Clarity, that we use to help us analyse how the website visitors use our website and to track the users’ behaviour. The information processed for this purpose includes user engagement information (for example page views), device, browser and geographical information. This data is being disclosed to these third-party organisations for marketing purposes and is shared anonymously without linking a user’s profile to any other unique identifying information, therefore it does not constitute Personal Data, even though the tool provided by these organisations has the capacity to identify a user. The data disclosed with Google Analytics is not tracked, however there is a possibility for Google Analytics to track the users.
-     For legal and regulatory purposes to third parties such as government entities, law enforcement authorities, courts, competent regulators, tax or other competent authorities, or in connection with an investigation of suspected or actual fraudulent or illegal activity.

Marketing and Opt-Out  

Pursuant to the Data Protection Legislation, marketing, including by electronic means, may require your consent in certain circumstances. You can unsubscribe from all marketing communications at any time either by clicking on the opt-out link in the marketing communication you will receive from us or third parties or by contacting us as set out in the “How to Contact Us” section of this Notice. You will then be removed from the marketing lists. 

International Transfers

To provide global services and in the course of running our business, we may transfer Personal Data outside of the UK and the EEA. 
The transfer of Personal Data outside of the EEA to countries that offer an adequate level of protection is made based on the European Commission’s adequacy decision, if the country to which the Personal Data is transferred to is covered by such a decision. 
We may also transfer Personal Data to countries in respect of which the European Commission has not adopted an adequacy decision. In such cases, SMDAM UK will ensure that appropriate safeguards are in place for any such transfer such as the use of the EU Standard Contractual Clauses adopted by the European Commission and the UK Appendix (or, alternatively, the use of the UK International Data Transfer Agreement) as adopted by the UK Information Commissioner’s Office. 
Finally, the transfer may be made based on your consent to the transfer prior to the Personal Data being transferred and after having informed you of the possible risks of such transfer for you.
Transfers of Personal Data from the UK to the EEA is made based on the UK government’s statement that transfers from the UK to the EEA are permitted. 

Data Retention

We will retain your Personal Data for as long as necessary to carry out the purposes of the processing as set out above, subject to legal (e.g., statute of limitations) and regulatory (e.g., record keeping obligations set out in the FCA Handbook) obligations. In particular, any Personal Data collected and processed pursuant to money laundering obligations will be retained for five years following the termination of the business relationship.

Your Rights

You have various rights in connection with the processing of your Personal Data. Please note that the rights below may be subject to limitations as prescribed by the Data Protection Legislation and may not be available in certain circumstances.
You have the right to:
-    Access
To request a copy of the Personal Data we process in relation to you and to be informed about how we use and share your Personal Data.
-    Object
To object to the processing of your Personal Data if (i) we are processing your Personal Data on the grounds of legitimate interests or for the performance of a task in the public interest (including profiling); or (ii) if we are processing your Personal Data for direct marketing purposes.
-    Correction
To request that we update the Personal Data we process in relation to you, or to correct Personal Data that you think is incorrect or incomplete.
-    Erasure
To ask that we delete Personal Data that we process in relation to you where we do not have a legal or regulatory obligation or other valid reason to continue to process it.
-    Restriction
To request that we restrict the way in which we process your Personal Data, for example, if you dispute the accuracy of your Personal Data or have raised an objection which is under consideration.
-    Portability
To request a copy of your Personal Data that you have provided to us in a commonly used electronic format such as through the completion of an application form.
-    Automated decision making
To request manual intervention if you are subject to automated decisions where the decision results in a legal or similar effect to you.
You can also lodge a complaint about our processing with the appropriate regulator. In the United Kingdom, the competent data protection authority is the Information Commissioner’s Office (“ICO”).
If you wish to exercise any of your rights, please contact us as set out below. 

How to Contact Us 

If you have any questions or comments about this Notice, you may contact us at mb_ukprivacy@smd-am.co.jp or call us at +44 207 7507 6400. 
You may also write us at:

Sumitomo Mitsui DS Asset Management (UK) Limited
Attn: Legal & Compliance 
100 Liverpool Street
London EC2M 2AT
United Kingdom

Cookie Policy 

We use cookies for various purposes, including to make our website work and to track the website users’ behaviour for statistics and marketing purposes. SMDAM UK’s website is set to accept some cookies. You can exercise your preference as to whether to accept or to reject these cookies through the Cookiebot Consent Management Platform (“CMP”). If you choose to reject some cookies, some features of the website may be affected. Please refer to our Cookie Policy for further details and to understand our practices regarding the information collected from our website visitors.

Updates to our Notice

We may update this Notice from time to time. For any material changes to this Notice you will be notified either by us prominently posting a copy the updated Notice or by communicating with us through an appropriate channel.